Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19, 17006-17008 [2020-06306]
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Federal Register / Vol. 85, No. 59 / Thursday, March 26, 2020 / Rules and Regulations
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List of Subjects in 12 CFR Part 252
Administrative practice and
procedure, Banks, banking, Credit,
Federal Reserve System, Holding
companies, Investments, Qualified
financial contracts, Reporting and
recordkeeping requirements, Securities.
Board of Governors of the Federal
Reserve System
12 CFR Chapter II
Authority and Issuance
For the reasons stated in the
preamble, the Board of Governors of the
Federal Reserve System amends 12 CFR
chapter II as follows:
PART 252—ENHANCED PRUDENTIAL
STANDARDS (REGULATION YY)
1. The authority citation for part 252
is revised to read as follows:
■
four calendar quarters preceding the
current calendar quarter.
*
*
*
*
*
Subpart P—[Amended]
3. Section 252.165 is amended by
revising paragraph (d)(2)(i) to read as
follows:
■
§ 252.165 Covered IHC total lossabsorbing capacity requirement and buffer.
*
*
*
*
*
(d) * * *
(2) * * *
(i) Eligible retained income. The
eligible retained income of a Covered
IHC is the greater of:
(A) The Covered IHC’s net income,
calculated in accordance with the
instructions to the FR Y–9C, for the four
calendar quarters preceding the current
calendar quarter, net of any
distributions and associated tax effects
not already reflected in net income; and
(B) The average of the Covered IHC’s
net income, calculated in accordance
with the instructions to the FR Y–9C, for
the four calendar quarters preceding the
current calendar quarter.
*
*
*
*
*
By order of the Board of Governors of the
Federal Reserve System, March 23, 2020.
Michele Taylor Fennell,
Assistant Secretary of the Board.
[FR Doc. 2020–06371 Filed 3–24–20; 4:15 pm]
Authority: 12 U.S.C. 321–338a, 481–486,
1467a, 1818, 1828, 1831n, 1831o, 1831p–1,
1831w, 1835, 1844(b), 1844(c), 3101 et seq.,
3101 note, 3904, 3906–3909, 4808, 5361,
5362, 5365, 5366, 5367, 5368, 5371.
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
Subpart G—[Amended]
19 CFR Part 351
2. Section 252.63 is amended by
revising paragraph (c)(2)(i) to read as
follows:
■
[Docket Number: 200320–0083]
RIN 0625–AB19
§ 252.63 External total loss-absorbing
capacity requirement and buffer.
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*
*
*
*
*
(c) * * *
(2) * * *
(i) Eligible retained income. The
eligible retained income of a global
systemically important BHC is the
greater of:
(A) The global systemically important
BHC’s net income, calculated in
accordance with the instructions to the
FR Y–9C, for the four calendar quarters
preceding the current calendar quarter,
net of any distributions and associated
tax effects not already reflected in net
income; and
(B) The average of the global
systemically important BHC’s net
income, calculated in accordance with
the instructions to the FR Y–9C, for the
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Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–
19
Enforcement and Compliance,
International Trade Administration,
Commerce.
ACTION: Temporary final rule.
AGENCY:
SUMMARY: The Department Commerce
(Commerce)’s Enforcement and
Compliance Unit (E&C) is temporarily
modifying certain requirements for
serving documents containing business
proprietary information in antidumping
and countervailing duty (AD/CVD) cases
to facilitate the effectuation of service
through electronic means. The goal is to
promote public health and slow the
spread of COVID–19. These temporary
modifications will be in place until May
19, 2020, unless extended.
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Effective March 24, 2020,
through 17:00 hours EST, May 19, 2020.
FOR FURTHER INFORMATION CONTACT:
Evangeline D. Keenan, Director, APO/
Dockets Unit, at 202–482–3354.
SUPPLEMENTARY INFORMATION:
DATES:
Background
In light of the recent COVID–19
outbreak, the U.S. Government is
encouraging American citizens to work
from home whenever possible. The
service requirements in E&C’s
regulations are often effectuated by
hand delivery or by U.S. mail delivery
of hard copy documents, which often
takes place in an office setting. In turn,
this poses a risk to the personnel tasked
with serving or accepting service by
hand or mail, as well as those around
them. Accordingly, Enforcement &
Compliance (E&C) will temporarily
deem service of submissions containing
business proprietary information (BPI)
to be effectuated when the BPI
submissions are filed by parties in
ACCESS (E&C’s online document
portal), with certain exceptions, with
the goal of promoting public health and
slowing the spread of COVID–19 while
at the same time permitting the
continued administration of
antidumping and countervailing duty
proceedings.
In general, 19 CFR 351.303(f)(1) states
that a person filing a document with
Commerce simultaneously must serve a
copy of the document on all relevant
persons by personal service or first class
mail. 19 CFR 351.303(f)(3) provides that
case and rebuttal briefs must be made by
personal service, overnight mail,
courier, or in the case of service outside
the United States, by first class airmail.
E&C is temporarily modifying the means
by which a person may serve documents
containing BPI, as follows.
For BPI documents submitted with
final bracketing on the due date (i.e.,
documents not submitted under the
one-day lag rule, 19 CFR
351.303(c)(2)(i)), E&C will deem service
to be effectuated upon the filing of the
submission in ACCESS. E&C will notify
interested parties that the document has
been filed through daily ACCESS BPI
Release Digest emails. This modification
does not apply to service to pro se
parties or parties represented by a nonAPO-authorized representative.
For BPI documents submitted under
the one-day lag rule, 19 CFR
351.303(c)(2)(i), E&C is temporarily
waiving the service requirement for
bracketing-not-final BPI submissions
filed on the due date. In addition, E&C
will deem service to be effectuated upon
the filing in ACCESS of the complete
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final BPI document on the next business
day under 19 CFR 351.303(c)(2)(ii). This
modification does not apply to service
to pro se parties or parties represented
by a non-APO-authorized
representative.
For case and rebuttal briefs served
pursuant to 19 CFR 351.303(f)(3)(i),
service of BPI case and rebuttal briefs
will be deemed effectuated via ACCESS.
To provide adequate time for release of
case briefs via ACCESS, E&C intends to
schedule the due date for all rebuttal
briefs to be 7 days after case briefs are
filed (while these modifications remain
in effect). This modification does not
apply to service to pro se parties or
parties represented by a non-APOauthorized representative.
Notwithstanding the modifications
described above, parties must still take
active steps to serve pro se parties BPI
documents containing only the pro se
party’s BPI and serve parties
represented by a non-APO-authorized
representative documents containing
only that party’s BPI, consistent with 19
CFR 351.306(c)(2). However, E&C is
temporarily modifying the electronic
service provision under 19 CFR
351.303(f)(1)(ii), so that a pro se party
may give consent to another interested
party to serve a document electronically
on that pro se party only, provided that
the document only contains the pro se
party’s BPI. In addition, a party
represented by a non-APO-authorized
representative may give consent to
another interested party to serve a
document electronically on that nonAPO-authorized representative only,
provided that the document only
contains the BPI of the party
represented by that non-APO-authorized
representative. If such consent is given,
then the serving party’s APO-authorized
representative may serve the submission
on that party via electronic transmission
with that recipient’s consent. The
document must not contain the business
proprietary information of other parties.
Exceptions to Temporary Modifications
The following types of submissions
and scenarios require the normal means
of service as required by section 19 CFR
351.303(f) of E&C regulations, as
ACCESS cannot effectuate service:
Requests for administrative review,
new shipper review, changed
circumstances review and expedited
review. Service lists for these segments
are not yet established at the time of
filing of the relevant request. The
service requirements under 19 CFR
351.303(f)(3)(ii) continue to apply.
Requests for scope ruling or anticircumvention inquiry. These requests
require service on the comprehensive
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scope service lists in accordance with
19 CFR 351.225(n).
E&C is not modifying the applicable
requirements for serving public
documents and public versions at this
time, see 19 CFR 351.303(f)(1)(ii), which
permit electronic service of public
documents and public versions,
provided that the receiving party
consents.
Classification
Administrative Procedure Act
The provisions of the Administrative
Procedure Act (5 U.S.C. 553) requiring
notice of proposed rulemaking and the
opportunity for public participation are
waived for good cause because they
would be impracticable and contrary to
the public interest. (See 5 U.S.C.
553(b)(B)). Interested parties
participating in E&C’s antidumping and
countervailing duty proceedings are
generally required to serve other
interested parties with documents they
submit to E&C. If notice and comment
were to be allowed, parties submitting
documents containing BPI information
to E&C likely either would be unable to
serve other parties in the manners
proscribed in E&C’s regulations or
potentially would put their health and
safety at risk in doing so. COVID–19 was
unexpected and this circumstance could
not have been foreseen; therefore E&C
could not have prepared ahead of time
for this set of circumstances. The
provision of the Administrative
Procedure Act otherwise requiring a 30day delay in effectiveness is also waived
for those same reasons, which constitute
good cause. (5 U.S.C. 553(d)(3)).
Executive Order 12866
The Office of Management and Budget
(OMB) has determined that this
temporary rule is not significant for
purposes of Executive Order 12866.
Executive Order 13771
This temporary rule is not expected to
be subject to the requirements of
Executive Order 13771 because this
temporary rule is not significant for
purposes of Executive Order 12866.
Paperwork Reduction Act
This temporary rule contains no new
collection of information subject to the
Paperwork Reduction Act, 44 U.S.C.
Chapter 35.
Executive Order 13132
This temporary rule does not contain
policies with federalism implications as
that term is defined in section 1(a) of
Executive Order 13132, dated August 4,
1999 (64 FR 43255 (August 10, 1999)).
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17007
Regulatory Flexibility Act
The analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are not applicable because no
general notice of proposed rulemaking
was required for this action.
Accordingly, no regulatory flexibility
analysis is required, and none has been
prepared.
List of Subjects in 19 CFR Part 351
Administrative Practice and
Procedure, Antidumping,
Countervailing Duties, Confidential
Business Information, Reporting and
Recordkeeping Requirements.
Dated: March 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
For the reasons stated in the
preamble, 19 CFR part 351 is amended
as follows:
PART 351—ANTIDUMPING AND
COUNTERVAILING DUTIES
1. The authority citation for 19 CFR
part 351 continues to read as follows:
■
Authority: 5 U.S.C. 301; 19 U.S.C. 1202
note; 19 U.S.C. 1303 note; 19 U.S.C. 1671 et
seq.; and 19 U.S.C. 3538.
2. Amend § 351.303 by adding
paragraph (f)(4) to read as follows:
■
§ 351.303 Filing, document identification,
format, translation, service, and
certification of documents.
*
*
*
*
*
(f) * * *
(4) Notwithstanding any other
paragraph in this section, until further
notice, as of March 24, 2020, we are
modifying the service requirements with
respect to documents containing
business proprietary information as
follows:
(i) For BPI documents submitted with
final bracketing on the due date (i.e.,
documents not submitted under the
one-day lag rule, paragraph (c)(2)(i) of
this section), E&C will deem service to
be effectuated upon filing of the
submission in ACCESS. E&C will notify
interested parties that the document has
been filed through daily ACCESS BPI
Release Digest emails. This paragraph
(f)(4)(i) does not apply to service to pro
se parties or parties represented by a
non-APO-authorized representative.
(ii) For BPI documents submitted
under the one-day lag rule, paragraph
(c)(2)(i) of this section, E&C is
temporarily waiving the service
requirement for bracketing-not-final BPI
submissions filed on the due date. In
addition, E&C will deem service to be
effectuated upon the filing in ACCESS
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of the complete final BPI document on
the next business day under paragraph
(c)(2)(ii) of this section. This paragraph
(f)(4)(ii) does not apply to service to pro
se parties or parties represented by a
non-APO-authorized representative.
(iii) For case and rebuttal briefs served
pursuant to paragraph (f)(3)(i) of this
section, service of BPI case and rebuttal
briefs will be deemed effectuated via
ACCESS. This paragraph (f)(4)(iii) does
not apply to service to pro se parties or
parties represented by a non-APOauthorized representative.
(iv) Parties must still take active steps
to serve pro se parties BPI documents
containing only the pro se party’s BPI
and serve parties represented by a nonAPO-authorized representative
documents containing only that party’s
BPI, consistent with § 351.306(c)(2).
However, E&C is temporarily modifying
the electronic service provision under
paragraph (f)(1)(ii) of this section, so
that a pro se party may give consent to
another interested party to serve a
document electronically on that pro se
party only, provided that the document
only contains the pro se party’s BPI.
Such a document must not contain the
BPI of other parties. In addition, a party
represented by a non-APO-authorized
representative may give consent to
another interested party to serve a
document electronically on that nonAPO-authorized representative only,
provided that the document only
contains the BPI of the party
represented by that non-APO-authorized
representative. Such a document must
not contain the BPI of other parties. If
such consent is given, then the serving
party’s APO-authorized representative
may serve the submission on that party
via electronic transmission with that
recipient’s consent.
(v) Exceptions. Notwithstanding
paragraphs (f)(4)(i) through (iv) of this
section, the following types of
submissions and scenarios require the
normal means of service as required by
this paragraph (f):
(A) Requests for administrative
review, new shipper review, changed
circumstances review and expedited
review.
(B) Requests for scope ruling or anticircumvention inquiry.
[FR Doc. 2020–06306 Filed 3–24–20; 4:15 pm]
BILLING CODE 3510–DS–P
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 1, 117, and 507
[Docket No. FDA–2020–D–1108]
Temporary Policy Regarding
Preventive Controls and Foreign
Supplier Verification Programs Food
Supplier Verification Onsite Audit
Requirements During the COVID–19
Public Health Emergency: Guidance
for Industry; Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notification of availability.
SUMMARY: The Food and Drug
Administration (FDA, Agency, or we) is
announcing the availability of a final
guidance for industry entitled
‘‘Temporary Policy Regarding
Preventive Controls and FSVP Food
Supplier Verification Onsite Audit
Requirements During the COVID–19
Public Health Emergency.’’ The
guidance communicates the Agency’s
intention not to enforce certain onsite
audit requirements in three of our food
safety regulations in certain
circumstances related to the impact of
the coronavirus if other supplier
verification methods that are designed
to provide sufficient assurance that
hazards have been significantly
minimized or prevented are used
instead during the period of onsite audit
delay.
DATES: The announcement of the
guidance is published in the Federal
Register on March 26, 2020.
ADDRESSES: You may submit either
electronic or written comments on
Agency guidances at any time as
follows:
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal:
https://www.regulations.gov will be
posted to the docket unchanged.
Because your comment will be made
public, you are solely responsible for
ensuring that your comment does not
include any confidential information
that you or a third party may not wish
to be posted, such as medical
information, your or anyone else’s
Social Security number, or confidential
business information, such as a
manufacturing process. Please note that
if you include your name, contact
information, or other information that
identifies you in the body of your
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comments, that information will be
posted on https://www.regulations.gov.
• If you want to submit a comment
with confidential information that you
do not wish to be made available to the
public, submit the comment as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand Delivery/Courier (for
written/paper submissions): Dockets
Management Staff (HFA–305), Food and
Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Dockets Management
Staff, FDA will post your comment, as
well as any attachments, except for
information submitted, marked and
identified, as confidential, if submitted
as detailed in ‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2020–D–1108 for ‘‘Temporary Policy
Regarding Preventive Controls and
FSVP Food Supplier Verification Onsite
Audit Requirements During the COVID–
19 Public Health Emergency.’’ Received
comments will be placed in the docket
and, except for those submitted as
‘‘Confidential Submissions,’’ publicly
viewable at https://www.regulations.gov
or at the Dockets Management Staff
between 9 a.m. and 4 p.m., Monday
through Friday.
• Confidential Submissions—To
submit a comment with confidential
information that you do not wish to be
made publicly available, submit your
comments only as a written/paper
submission. You should submit two
copies total. One copy will include the
information you claim to be confidential
with a heading or cover note that states
‘‘THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION.’’ The
Agency will review this copy, including
the claimed confidential information, in
its consideration of comments. The
second copy, which will have the
claimed confidential information
redacted/blacked out, will be available
for public viewing and posted on
https://www.regulations.gov. Submit
both copies to the Dockets Management
Staff. If you do not wish your name and
contact information to be made publicly
available, you can provide this
information on the cover sheet and not
in the body of your comments and you
must identify this information as
‘‘confidential.’’ Any information marked
as ‘‘confidential’’ will not be disclosed
except in accordance with 21 CFR 10.20
and other applicable disclosure law. For
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]]>Agencies
[Federal Register Volume 85, Number 59 (Thursday, March 26, 2020)]
[Rules and Regulations]
[Pages 17006-17008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06306]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
19 CFR Part 351
[Docket Number: 200320-0083]
RIN 0625-AB19
Temporary Rule Modifying AD/CVD Service Requirements Due to
COVID-19
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Department Commerce (Commerce)'s Enforcement and
Compliance Unit (E&C) is temporarily modifying certain requirements for
serving documents containing business proprietary information in
antidumping and countervailing duty (AD/CVD) cases to facilitate the
effectuation of service through electronic means. The goal is to
promote public health and slow the spread of COVID-19. These temporary
modifications will be in place until May 19, 2020, unless extended.
DATES: Effective March 24, 2020, through 17:00 hours EST, May 19, 2020.
FOR FURTHER INFORMATION CONTACT: Evangeline D. Keenan, Director, APO/
Dockets Unit, at 202-482-3354.
SUPPLEMENTARY INFORMATION:
Background
In light of the recent COVID-19 outbreak, the U.S. Government is
encouraging American citizens to work from home whenever possible. The
service requirements in E&C's regulations are often effectuated by hand
delivery or by U.S. mail delivery of hard copy documents, which often
takes place in an office setting. In turn, this poses a risk to the
personnel tasked with serving or accepting service by hand or mail, as
well as those around them. Accordingly, Enforcement & Compliance (E&C)
will temporarily deem service of submissions containing business
proprietary information (BPI) to be effectuated when the BPI
submissions are filed by parties in ACCESS (E&C's online document
portal), with certain exceptions, with the goal of promoting public
health and slowing the spread of COVID-19 while at the same time
permitting the continued administration of antidumping and
countervailing duty proceedings.
In general, 19 CFR 351.303(f)(1) states that a person filing a
document with Commerce simultaneously must serve a copy of the document
on all relevant persons by personal service or first class mail. 19 CFR
351.303(f)(3) provides that case and rebuttal briefs must be made by
personal service, overnight mail, courier, or in the case of service
outside the United States, by first class airmail. E&C is temporarily
modifying the means by which a person may serve documents containing
BPI, as follows.
For BPI documents submitted with final bracketing on the due date
(i.e., documents not submitted under the one-day lag rule, 19 CFR
351.303(c)(2)(i)), E&C will deem service to be effectuated upon the
filing of the submission in ACCESS. E&C will notify interested parties
that the document has been filed through daily ACCESS BPI Release
Digest emails. This modification does not apply to service to pro se
parties or parties represented by a non-APO-authorized representative.
For BPI documents submitted under the one-day lag rule, 19 CFR
351.303(c)(2)(i), E&C is temporarily waiving the service requirement
for bracketing-not-final BPI submissions filed on the due date. In
addition, E&C will deem service to be effectuated upon the filing in
ACCESS of the complete
[[Page 17007]]
final BPI document on the next business day under 19 CFR
351.303(c)(2)(ii). This modification does not apply to service to pro
se parties or parties represented by a non-APO-authorized
representative.
For case and rebuttal briefs served pursuant to 19 CFR
351.303(f)(3)(i), service of BPI case and rebuttal briefs will be
deemed effectuated via ACCESS. To provide adequate time for release of
case briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while these
modifications remain in effect). This modification does not apply to
service to pro se parties or parties represented by a non-APO-
authorized representative.
Notwithstanding the modifications described above, parties must
still take active steps to serve pro se parties BPI documents
containing only the pro se party's BPI and serve parties represented by
a non-APO-authorized representative documents containing only that
party's BPI, consistent with 19 CFR 351.306(c)(2). However, E&C is
temporarily modifying the electronic service provision under 19 CFR
351.303(f)(1)(ii), so that a pro se party may give consent to another
interested party to serve a document electronically on that pro se
party only, provided that the document only contains the pro se party's
BPI. In addition, a party represented by a non-APO-authorized
representative may give consent to another interested party to serve a
document electronically on that non-APO-authorized representative only,
provided that the document only contains the BPI of the party
represented by that non-APO-authorized representative. If such consent
is given, then the serving party's APO-authorized representative may
serve the submission on that party via electronic transmission with
that recipient's consent. The document must not contain the business
proprietary information of other parties.
Exceptions to Temporary Modifications
The following types of submissions and scenarios require the normal
means of service as required by section 19 CFR 351.303(f) of E&C
regulations, as ACCESS cannot effectuate service:
Requests for administrative review, new shipper review, changed
circumstances review and expedited review. Service lists for these
segments are not yet established at the time of filing of the relevant
request. The service requirements under 19 CFR 351.303(f)(3)(ii)
continue to apply.
Requests for scope ruling or anti-circumvention inquiry. These
requests require service on the comprehensive scope service lists in
accordance with 19 CFR 351.225(n).
E&C is not modifying the applicable requirements for serving public
documents and public versions at this time, see 19 CFR
351.303(f)(1)(ii), which permit electronic service of public documents
and public versions, provided that the receiving party consents.
Classification
Administrative Procedure Act
The provisions of the Administrative Procedure Act (5 U.S.C. 553)
requiring notice of proposed rulemaking and the opportunity for public
participation are waived for good cause because they would be
impracticable and contrary to the public interest. (See 5 U.S.C.
553(b)(B)). Interested parties participating in E&C's antidumping and
countervailing duty proceedings are generally required to serve other
interested parties with documents they submit to E&C. If notice and
comment were to be allowed, parties submitting documents containing BPI
information to E&C likely either would be unable to serve other parties
in the manners proscribed in E&C's regulations or potentially would put
their health and safety at risk in doing so. COVID-19 was unexpected
and this circumstance could not have been foreseen; therefore E&C could
not have prepared ahead of time for this set of circumstances. The
provision of the Administrative Procedure Act otherwise requiring a 30-
day delay in effectiveness is also waived for those same reasons, which
constitute good cause. (5 U.S.C. 553(d)(3)).
Executive Order 12866
The Office of Management and Budget (OMB) has determined that this
temporary rule is not significant for purposes of Executive Order
12866.
Executive Order 13771
This temporary rule is not expected to be subject to the
requirements of Executive Order 13771 because this temporary rule is
not significant for purposes of Executive Order 12866.
Paperwork Reduction Act
This temporary rule contains no new collection of information
subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35.
Executive Order 13132
This temporary rule does not contain policies with federalism
implications as that term is defined in section 1(a) of Executive Order
13132, dated August 4, 1999 (64 FR 43255 (August 10, 1999)).
Regulatory Flexibility Act
The analytical requirements of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) are not applicable because no general notice of
proposed rulemaking was required for this action. Accordingly, no
regulatory flexibility analysis is required, and none has been
prepared.
List of Subjects in 19 CFR Part 351
Administrative Practice and Procedure, Antidumping, Countervailing
Duties, Confidential Business Information, Reporting and Recordkeeping
Requirements.
Dated: March 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
For the reasons stated in the preamble, 19 CFR part 351 is amended
as follows:
PART 351--ANTIDUMPING AND COUNTERVAILING DUTIES
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1. The authority citation for 19 CFR part 351 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 1202 note; 19 U.S.C. 1303
note; 19 U.S.C. 1671 et seq.; and 19 U.S.C. 3538.
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2. Amend Sec. 351.303 by adding paragraph (f)(4) to read as follows:
Sec. 351.303 Filing, document identification, format, translation,
service, and certification of documents.
* * * * *
(f) * * *
(4) Notwithstanding any other paragraph in this section, until
further notice, as of March 24, 2020, we are modifying the service
requirements with respect to documents containing business proprietary
information as follows:
(i) For BPI documents submitted with final bracketing on the due
date (i.e., documents not submitted under the one-day lag rule,
paragraph (c)(2)(i) of this section), E&C will deem service to be
effectuated upon filing of the submission in ACCESS. E&C will notify
interested parties that the document has been filed through daily
ACCESS BPI Release Digest emails. This paragraph (f)(4)(i) does not
apply to service to pro se parties or parties represented by a non-APO-
authorized representative.
(ii) For BPI documents submitted under the one-day lag rule,
paragraph (c)(2)(i) of this section, E&C is temporarily waiving the
service requirement for bracketing-not-final BPI submissions filed on
the due date. In addition, E&C will deem service to be effectuated upon
the filing in ACCESS
[[Page 17008]]
of the complete final BPI document on the next business day under
paragraph (c)(2)(ii) of this section. This paragraph (f)(4)(ii) does
not apply to service to pro se parties or parties represented by a non-
APO-authorized representative.
(iii) For case and rebuttal briefs served pursuant to paragraph
(f)(3)(i) of this section, service of BPI case and rebuttal briefs will
be deemed effectuated via ACCESS. This paragraph (f)(4)(iii) does not
apply to service to pro se parties or parties represented by a non-APO-
authorized representative.
(iv) Parties must still take active steps to serve pro se parties
BPI documents containing only the pro se party's BPI and serve parties
represented by a non-APO-authorized representative documents containing
only that party's BPI, consistent with Sec. 351.306(c)(2). However,
E&C is temporarily modifying the electronic service provision under
paragraph (f)(1)(ii) of this section, so that a pro se party may give
consent to another interested party to serve a document electronically
on that pro se party only, provided that the document only contains the
pro se party's BPI. Such a document must not contain the BPI of other
parties. In addition, a party represented by a non-APO-authorized
representative may give consent to another interested party to serve a
document electronically on that non-APO-authorized representative only,
provided that the document only contains the BPI of the party
represented by that non-APO-authorized representative. Such a document
must not contain the BPI of other parties. If such consent is given,
then the serving party's APO-authorized representative may serve the
submission on that party via electronic transmission with that
recipient's consent.
(v) Exceptions. Notwithstanding paragraphs (f)(4)(i) through (iv)
of this section, the following types of submissions and scenarios
require the normal means of service as required by this paragraph (f):
(A) Requests for administrative review, new shipper review, changed
circumstances review and expedited review.
(B) Requests for scope ruling or anti-circumvention inquiry.
[FR Doc. 2020-06306 Filed 3-24-20; 4:15 pm]
BILLING CODE 3510-DS-P
